27 September 2018

The Intellectual Property (Border Enforcement) Act 2018 (“Act”) is enacted to amend the Copyright Act (“CA”), Trade Marks Act (“TMA”), Registered Designs Act (“RDA”) and Geographical Indications Act (“GIA”) to enhance the border enforcement measures for intellectual property rights, as well as to implement Singapore’s obligations under the proposed Free Trade Agreement between the European Union and the Singapore (“EUSFTA”) concerning those measures.

The Act will partially come into force on 10 October 2018 to amend the CA and TMA in relation to new powers for Singapore Customs to obtain and provide information relating to seized goods. Also in force on 10 October 2018 are some of the related amendments to the Customs Act and the Regulation of Imports and Exports Act, as well as related saving and transitional provisions.

The following rules and regulations have been gazetted and will similarly come into force on 10 October 2018:

  • Copyright (Border Enforcement Measures) (Amendment) Regulations 2018 
  • Trade Marks (Border Enforcement Measures) (Amendment) Rules 2018

By way of background, the Intellectual Property (Border Enforcement) Bill (“Bill”) was passed in Parliament on 9 July 2018. The changes are slated to come into force in three phases as follows:

  1. Upon passing of the Bill (Phase 1): New powers in the CA and TMA for Singapore Customs to obtain and provide information relating to the seized goods will be implemented. 
  2. Upon entry into force of EUSFTA (Phase 2): Enhanced border enforcement measures in the CA and TMA, and the standardised terms and provisions relating to border enforcement in the CA and TMA, will be implemented. 
  3. Within three years of the entry into force of EUSFTA (Phase 3): Enhanced border enforcement measures in the RDA, new powers in the GIA and RDA for Singapore Customs to obtain and provide information relating to the seized goods and the standardised terms and provisions relating to border enforcement in the GIA and RDA will be implemented.

Reference materials

The following materials are available on the Singapore Statutes Online website sso.agc.gov.sg:

 

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